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Rakesh @ Rakesh Kumar vs The State Of Bihar on 10 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20048 of 2018
Arising Out of PS. Case No.-284 Year-2017 Thana- RAMKRISHNANAGAR District- Patna

Rakesh @ Rakesh Kumar, S/o-Late Bijay Kumar, R/o- Village- Changar, P.S.-
Kankarbagh, District- Patna (Bihar)

… … Petitioner
Versus
The State of Bihar

… … Opposite Party

Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary
For the Opposite Party/s : Mr. Ajay Kumar-1

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER

2 10-04-2018 Heard learned counsels for the petitioner and State.

The petitioner is apprehending arrest in a case registered

for the offences punishable under Sections 147, 323, 337, 338,

354, 379 and 504 of the IPC.

The prosecution case, as per the written report of

Raghunath Prasad, dated 30.09.2017 submitted to the Station

House Officer, Ramkrishna Nagar Police Station is to the effect

that on 30.09.2018, at 5.30 P.M., the informant was sitting at his

door, in the meantime, Pintu Kumar, his brother Bajrangi, co-

villager Vikki, Tutu, Amit and the petitioner Rakesh along with

8 to 9 unknown persons came variously armed and started

assaulting the informant and his family members with lathi and

iron rod. It is specifically alleged that Pinti Kumar assaulted the

wife of the informant with bricks on her head causing bleeding
Patna High Court Cr.Misc. No.20048 of 2018(2) dt.10-04-2018
2/3

injury, as a result of which, she got unconscious. On the order of

Pintu Kumar to kill the wife of the informant, co-accused Vikki,

Tutu, Amit and the petitioner assaulted the wife of the informant

and Pintu Kumar snatched Mangal Sutra worth Rs. 10,000/-

from her while other unknown persons entered into the house of

the informant and assaulted the daughter of the informant and

other family members. On alarm being raised, the neighbours of

the informant came then Pintu Kumar snatched Rs. 10,000/- and

two mobiles from the pocket of the informant. Subsequently, all

the accused persons entered into the house of the informant and

took out jewellery and other articles worth Rs. 2 lacs, but while

escaping, Pintu Kumar was apprehended and was subsequently,

handed over to the police.

It is submitted by learned counsel for the petitioner that

though, the FIR was registered on 30.09.2017, but it reached to

the Court of learned Magistrate on 02.10.2017, which clouds the

bona fide of the accusation, hence, the FIR has been registered

by antedating. The accusation against the petitioner is omnibus

and general. The accusation of snatching or committing theft is

not specific against the petitioner. The accusation levelled under

Section 354 IPC is also not specific against the petitioner. The

impugned order suggests that none have received any grievous
Patna High Court Cr.Misc. No.20048 of 2018(2) dt.10-04-2018
3/3

injury. A statement has been made in paragraph no.3 of the

petition that the petitioner is not having any criminal antecedent.

Learned APP, however, submits that the petitioner is named

in the FIR and it is alleged that he also participated in the

occurrence.

Considering the nature of accusation being omnibus and

general and statement made in paragraph no.3 of the petition

that the petitioner is not having any criminal antecedent, let the

above named petitioner be released on anticipatory bail in the

event of arrest/surrender before the learned Court below within

a period of twelve weeks from today, on furnishing bail bonds

of Rs. 10,000/- (ten thousand) with two sureties of like amount

each to the satisfaction of learned Sub-Judge-XIII-cum-

A.C.J.M., Patna in connection with Ramkrishna Nagar P.S. Case

No. 284 of 2017, subject to the condition as laid down under

Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J)
Amrendra/-

U T

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